(A) At the outset of a telephone solicitation, a telephone solicitor shall provide, in a clear and conspicuous manner, a first and last name to identify himself and provide the name of the person on whose behalf the telephone solicitation is being made and promptly disclose to the consumer the following information:

(1) a telephone number and address at which the telephone solicitor may be contacted;

Terms Used In South Carolina Code 37-21-40

  • Consumer: means a natural person who is the object of a telephone solicitation. See South Carolina Code 37-21-20
  • Person: means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized. See South Carolina Code 37-21-20
  • Prize promotion: means :

    (a) a sweepstakes or other game of chance; or

    (b) an oral or written representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize. See South Carolina Code 37-21-20
  • Telephone solicitation: means the initiation of a telephone call, or a text or media message sent, to a natural person's residence in the State, or to a wireless telephone with a South Carolina area code, for the purpose of offering or advertising a property, good, or service for sale, lease, license, or investment, including offering or advertising an extension of credit, prize promotion, or for the purposes of obtaining information that will or may be used for the direct solicitation thereof. See South Carolina Code 37-21-20
  • Telephone solicitor: means a person who makes, or causes another person to make, a telephone solicitation. See South Carolina Code 37-21-20

(2) the purpose of the telephone solicitation;

(3) that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the consumer. If requested by that person, the telephone solicitor must disclose the no purchase/no payment entry method for the prize promotion; and

(4) the option to be added to the telephone solicitor’s in-house ‘do not call’ list if the consumer requests being added to such list, confirmation that the consumer’s name and telephone number will be placed on such list.

(B) At the time of solicitation or offering, the telephone solicitor shall further disclose:

(1) a reasonable and good-faith estimate of the total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the solicitation or offer; and

(2) if the telephone solicitor, or the person on whose behalf the telephone solicitation is being made, has a policy of not making refunds, cancellations, exchanges, or repurchases, a statement informing the consumer of that policy.

(C) If the consumer indicates that he does not want to hear the offer, the telephone solicitor must immediately end the contact.

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